The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

Claims and payment S

12.—(1) Payment of aid under regulation 4 shall be made only on receipt of a claim for payment made by the beneficiary in writing in such form and manner and at such time as the Scottish Ministers from time to time require.

(2) The beneficiary must provide all particulars and information relating to such claim and copies of such documents and records relating thereto as the Scottish Ministers may reasonably require.

(3) The Scottish Ministers may make payments of aid by lump sums or instalments and in particular payment of aid shall be made–

(a) in the case of a payment relating to an activity under area related options [F1 (except those area related options numbered 74 to 77)] included in an undertaking, by annual payments paid in arrears, and the claim for such payment must–

(i) be submitted in accordance with the deadline for single applications as specified in regulation 6 of the IACS Regulations for the IACS year which begins in the calendar year in which the particular undertaking commences;

(ii) contain the information specified in Article 12 of Commission Regulation 796/2004 in relation to single applications; and

(iii) specify the unique identification number for each reference parcel of land under or compatible with the identification system for agricultural parcels referred to in [F2 Article 17 of Council Regulation 73/2009] and Article 6 of Commission Regulation 796/2004; and

(b) in the case of a payment relating to a capital item, excluding those capital items set out in Schedule 3, included in an undertaking, upon completion of the work and following production of evidence that the amount of eligible expenditure for which aid is claimed has been defrayed, including details of any discount thereon received.

(4) Paragraph (3)(a) applies to both agricultural and non-agricultural land.

(5) Payment as provided in paragraph (1) shall be made only where the Scottish Ministers are satisfied that–

(a) the eligibility conditions and requirements set out in the paragraph which begins Schedule 2 and in column 2 of that Schedule and, as the case may be, column 3 of that Schedule, in relation to that activity have been met; and

(b) where an undertaking specifies an activity or activities under an area related option the relevant compliance requirements as undertaken in terms of regulation 9(5) have been complied with.

(6) The provisions of these Regulations are, insofar as the aid claimed includes aid under Council Regulation 1698/2005, subject to Article 5 of Council Regulation 1698/2005 and Article 2 and paragraphs 5 and 6 of Article 27 of Commission Regulation 1974/2006.

Textual Amendments

F1 Words in reg. 12(3)(a) inserted (28.6.2008) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/233), regs. 1, 5

F2 Words in reg. 12(3)(a)(iii) substituted (7.11.2009) by The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 3) Regulations 2009 (S.S.I. 2009/335), regs. 1, 6